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NAVY | BCNR | CY2006 | 02440-06
Original file (02440-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 20370-5100


                                    TJR
Docket No: 2440-06
 27 September 2006



This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 September 2006. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies.
After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice .
You reenlisted in the Navy on 13 February 1986 after five years of prior honorable service. You continued to serve without disciplinary incident until 11 September 1986, when you received nonjudicial punishment (NJP) for absence from your appointed place of duty and a four day period of unauthorized absence (tJA).
On 30 April and again on 29 October 1987 you received NJP for three periods of absence from your appointed place of duty and two periods of UA totalling seven days.
Subsequently, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board. On 3 November 1987 your commanding officer recommended a discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. This recommendation stated, in part, as follows:
(Member) has proven that he will not accept personal responsibility and makes no effort to conform to military standards.... his chronic periods of UA have caused hardship to his fellow shipmates and the command.. .. he is a burden to the command.... strongly recommend discharge under other than honorable conditions as soon as possible.
On 8 November 1987 the discharge authority approved this recommendation and directed separation under other than honorable conditions, and on 30 November 1987 you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your prior honorable service and assertion that your discharge was due to tardiness not misconduct. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive misconduct which resulted in three NJPs. Accordingly, your application has been denied.
The names and votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence or other matter not previously considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.
Sincerely



W.       DEAN PFEIFFER
 Executive Director

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